Bill Text: OR HB2710 | 2013 | Regular Session | Enrolled
Bill Title: Relating to drones; and declaring an emergency.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2013-07-29 - Chapter 686, (2013 Laws): Effective date July 29, 2013. [HB2710 Detail]
Download: Oregon-2013-HB2710-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2710
Sponsored by Representative HUFFMAN; Representative WHISNANT,
Senator SHIELDS
CHAPTER ................
AN ACT
Relating to drones; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
DEFINITIONS + }
SECTION 1. { + As used in sections 1 to 17 of this 2013 Act:
(1) 'Drone' means an unmanned flying machine. 'Drone ' does not
include a model aircraft as defined in section 336 of the FAA
Modernization and Reform Act of 2012 (P.L. 112-95) as in effect
on the effective date of this 2013 Act.
(2) 'Law enforcement agency' means an agency that employs
police officers, as defined in ORS 133.525, or that prosecutes
offenses.
(3) 'Public body' has the meaning given that term in ORS
174.109.
(4) 'Warrant' means a warrant issued under ORS 133.525 to
133.703. + }
{ +
USE OF DRONES BY LAW ENFORCEMENT AGENCIES + }
SECTION 2. { + (1) Except as otherwise provided in sections 2
to 7 of this 2013 Act, a law enforcement agency may not operate a
drone, acquire information through the operation of a drone or
disclose information acquired through the operation of a drone.
(2) Any image or other information that is acquired through the
use of a drone by a law enforcement agency in violation of
sections 2 to 7 of this 2013 Act, and any evidence derived from
that image or information:
(a) Is not admissible in, and may not be disclosed in, a
judicial proceeding, administrative proceeding, arbitration
proceeding or other adjudicatory proceeding; and
(b) May not be used to establish reasonable suspicion or
probable cause to believe that an offense has been committed. + }
SECTION 3. { + (1) A law enforcement agency may operate a
drone, acquire information through the operation of a drone, or
disclose information acquired through the operation of a drone,
if:
(a) A warrant is issued authorizing use of a drone; or
Enrolled House Bill 2710 (HB 2710-ACCA) Page 1
(b) The law enforcement agency has probable cause to believe
that a person has committed a crime, is committing a crime or is
about to commit a crime, and exigent circumstances exist that
make it unreasonable for the law enforcement agency to obtain a
warrant authorizing use of a drone.
(2) A warrant authorizing the use of a drone must specify the
period for which operation of the drone is authorized. In no
event may a warrant provide for the operation of a drone for a
period of more than 30 days. Upon motion and good cause shown, a
court may renew a warrant after the expiration of the 30-day
period. + }
SECTION 4. { + A law enforcement agency may operate a drone
for the purpose of acquiring information about an individual, or
about the individual's property, if the individual has given
written consent to the use of a drone for those purposes. + }
SECTION 5. { + (1) A law enforcement agency may operate a
drone, acquire information through the operation of a drone, or
disclose information acquired through the operation of a drone,
for the purpose of search and rescue activities, as defined in
ORS 404.200.
(2) A law enforcement agency may operate a drone, acquire
information through the operation of a drone, or disclose
information acquired through the operation of a drone, for the
purpose of assisting an individual in an emergency if:
(a) The law enforcement agency reasonably believes that there
is an imminent threat to the life or safety of the individual,
and documents the factual basis for that belief; and
(b) Not more than 48 hours after the emergency operation
begins, an official of the law enforcement agency files a sworn
statement with the circuit court that describes the nature of the
emergency and the need for use of a drone.
(3) A law enforcement agency may operate a drone, acquire
information through the operation of a drone, or disclose
information acquired through the operation of a drone, during a
state of emergency that is declared by the Governor under ORS
chapter 401 if:
(a) The drone is used only for the purposes of preserving
public safety, protecting property or conducting surveillance for
the assessment and evaluation of environmental or weather related
damage, erosion or contamination; and
(b) The drone is operated only in the geographical area
specified in a proclamation pursuant to ORS 401.165 (5). + }
SECTION 6. { + (1) A law enforcement agency may operate a
drone, acquire information through the operation of a drone, or
disclose information acquired through the operation of a drone,
for the purpose of reconstruction of a specific crime scene, or
similar physical assessment, related to a specific criminal
investigation.
(2) The period that a law enforcement agency may operate a
drone under this section may not exceed five days for the purpose
of reconstruction of a specific crime scene, or similar physical
assessment, related to a specific criminal investigation. + }
SECTION 7. { + (1) A law enforcement agency may operate a
drone for the purpose of training in:
(a) The use of drones; and
(b) The acquisition of information through the operation of a
drone.
(2) Any image or other information that is acquired through the
use of a drone by a law enforcement agency under this section,
and any evidence derived from that image or information:
Enrolled House Bill 2710 (HB 2710-ACCA) Page 2
(a) Is not admissible in, and may not be disclosed in, a
judicial proceeding, administrative proceeding, arbitration
proceeding or other adjudicatory proceeding; and
(b) May not be used to establish reasonable suspicion or
probable cause to believe that an offense has been committed. + }
{ +
REGISTRATION OF DRONES USED BY PUBLIC BODIES + }
SECTION 8. { + (1) A public body may not operate a drone in
the airspace over this state without registering the drone with
the Oregon Department of Aviation.
(2) The Oregon Department of Aviation may impose a civil
penalty of up to $10,000 against a public body that violates
subsection (1) of this section.
(3) Evidence obtained by a public body through the use of a
drone in violation of subsection (1) of this section is not
admissible in any judicial or administrative proceeding and may
not be used to establish reasonable suspicion or probable cause
to believe that an offense has been committed.
(4) The Oregon Department of Aviation shall establish a
registry of drones operated by public bodies and may charge a fee
sufficient to reimburse the department for the maintenance of the
registry.
(5) The Oregon Department of Aviation shall require the
following information for registration of a drone:
(a) The name of the public body that owns or operates the
drone.
(b) The name and contact information of the individuals who
operate the drone.
(c) Identifying information for the drone as required by the
department by rule.
(6) A public body that registers one or more drones under this
section shall provide an annual report to the Oregon Department
of Aviation that summarizes:
(a) The frequency of use of the drones by the public body
during the preceding calendar year; and
(b) The purposes for which the drones have been used by the
public body during the preceding calendar year.
(7) The State Aviation Board may adopt all rules necessary for
the registration of drones in Oregon that are consistent with
federal laws and regulations. + }
SECTION 9. { + (1) Except as provided in subsection (2) of
this section, section 8 of this 2013 Act becomes operative
January 2, 2016.
(2) The Oregon Department of Aviation and the State Aviation
Board may take any action before January 2, 2016, including the
adoption of rules, that is necessary to allow implementation of
section 8 of this 2013 Act on January 2, 2016. + }
{ +
PROHIBITION ON USE OF WEAPONIZED DRONES + }
{ +
BY PUBLIC BODIES + }
SECTION 10. { + A public body may not operate a drone that is
capable of firing a bullet or other projectile, directing a laser
or otherwise being used as a weapon. + }
Enrolled House Bill 2710 (HB 2710-ACCA) Page 3
{ +
USE OF INFORMATION ACQUIRED BY PUBLIC BODY DRONES + }
SECTION 11. { + Any image or other information that is
acquired by a public body through the use of a drone that has not
been approved by the Federal Aviation Administration, and any
evidence derived from that image or information:
(1) Is not admissible in, and may not be disclosed in, a
judicial proceeding, administrative proceeding, arbitration
proceeding or other adjudicatory proceeding; and
(2) May not be used to establish reasonable suspicion or
probable cause to believe that an offense has been committed. + }
SECTION 12. { + Section 11 of this 2013 Act is repealed
January 2, 2016. + }
{ +
CRIMES INVOLVING DRONES + }
SECTION 13. { + (1) A person commits a Class A felony if the
person possesses or controls a drone and intentionally causes, or
attempts to cause, the drone to:
(a) Fire a bullet or other projectile at an aircraft while the
aircraft is in the air;
(b) Direct a laser at an aircraft while the aircraft is in the
air; or
(c) Crash into an aircraft while the aircraft is in the air.
(2) A person who intentionally interferes with, or gains
unauthorized control over, a drone licensed by the Federal
Aviation Administration, or operated by the Armed Forces of the
United States as defined in ORS 351.642, an agency of the United
States or a federal, state or local law enforcement agency,
commits a Class C felony. + }
{ +
CIVIL REMEDIES + }
SECTION 14. { + In addition to any other remedies allowed by
law, a person who intentionally interferes with, or gains
unauthorized control over, a drone licensed by the Federal
Aviation Administration, or operated by the Armed Forces of the
United States as defined in ORS 351.642, an agency of the United
States or a federal, state or local law enforcement agency, is
liable to the owner of the drone in an amount of not less than
$5,000. The court shall award reasonable attorney fees to a
prevailing plaintiff in an action under this section. + }
SECTION 15. { + (1) Except as provided in subsection (2) of
this section, a person who owns or lawfully occupies real
property in this state may bring an action against any person or
public body that operates a drone that is flown at a height of
less than 400 feet over the property if:
(a) The operator of the drone has flown the drone over the
property at a height of less than 400 feet on at least one
previous occasion; and
(b) The person notified the owner or operator of the drone that
the person did not want the drone flown over the property at a
height of less than 400 feet.
(2) A person may not bring an action under this section if:
(a) The drone is lawfully in the flight path for landing at an
airport, airfield or runway; and
(b) The drone is in the process of taking off or landing.
Enrolled House Bill 2710 (HB 2710-ACCA) Page 4
(3) A prevailing plaintiff may recover treble damages for any
injury to the person or the property by reason of a trespass by a
drone as described in this section, and may be awarded injunctive
relief in the action.
(4) A prevailing plaintiff may recover attorney fees under ORS
20.080 if the amount pleaded in an action under this section is
$10,000 or less.
(5) The Attorney General, on behalf of the State of Oregon, may
bring an action or claim for relief alleging nuisance or trespass
arising from the operation of a drone in the airspace over this
state. A court shall award reasonable attorney fees to the
Attorney General if the Attorney General prevails in an action
under this section. + }
{ +
APPLICABILITY TO ARMED FORCES + }
SECTION 16. { + Sections 1 to 17 of this 2013 Act do not apply
to the Armed Forces of the United States as defined in ORS
351.642. + }
{ +
PREEMPTION OF LOCAL LAWS REGULATING DRONES + }
SECTION 17. { + Except as expressly authorized by state
statute, the authority to regulate the ownership or operation of
drones is vested solely in the Legislative Assembly. Except as
expressly authorized by state statute, a local government, as
defined ORS 174.116, may not enact an ordinance or resolution
that regulates the ownership or operation of drones or otherwise
engage in the regulation of the ownership or operation of
drones. + }
{ +
REPORT TO LEGISLATURE + }
SECTION 18. { + On or before November 1, 2014, the Oregon
Department of Aviation shall report to a joint interim committee
of the Legislative Assembly related to the judiciary, or other
appropriate interim committees, on:
(1) The status of federal regulations relating to unmanned
aerial vehicles; and
(2) Whether unmanned aerial vehicles operated by private
parties should be registered in Oregon in a manner similar to
that required for other aircraft. + }
{ +
CAPTIONS + }
SECTION 19. { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 20. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
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emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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Passed by House April 15, 2013
Repassed by House June 26, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate June 10, 2013
Repassed by Senate June 27, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2710 (HB 2710-ACCA) Page 6
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2710 (HB 2710-ACCA) Page 7
